HomeMy WebLinkAbout1987-360
1 RESOLUTION NO. 87-360
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YOHKO KOBAYASHI-ARNETT RELATING TO
3 THE LEASE OF PARKING SPACES IN DOWNTOWN PARKING DISTRICT LOT 13.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Yohko KObayashi-
8 Arnett relating to the lease of parking spaces in downtown
9 parking district lot 13, which Agreement is attached hereto,
10 marked Exhibit wAw, and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a regular meeting thereof,
15 held on the 5th day of October , 1987, by the
16 following vote, to wit:
17 AYES: Council Members Reilly, Flores, Maudsley, Minor,
18 Pope-Ludlam
19 NAYS: None
20 ABSENT: Council Members Estrada, Miller
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/' City Clerk
9/25/87
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1 PARKING AGREEMENT
2 (Downtown Parking District Lot 13)
3 THIS PARKING AGREEMENT (referred to as "Agreement") is
4 entered into between the CITY OF SAN BERNARDINO, a municipal
5 corpqration, referred to as "City", and YOHKO KOBAYASHI-ARNETT,
6 an individual (referred to as "Lessee").
7 City and Lessee agree as follows:
8 1. Recitals.
9 A. Lessee is the owner of commercial real property in the
10 City of San Bernardino, located at 444 North Arrowhead Avenue,
11 commonly known as the Beckwith Building.
12 B. Lessee has requested the designation of ten (10) spaces
13 in Parking District Lot 13 for use by employees, tenants and
14 invitees of the owners of the Beckwith Building.
15 C. The Parking Place Commission has determined that the
16 designation of such spaces for use by Lessee is in conformance
17 with its pre-established policy for leasing of parking spaces
18 within the Downtown Parking Place District.
19 2. Incor9oration of Parking Commission policv.
20 A. At its regular meeting of December 4, 1986, the Central
21 City Parking Place Commission adopted Policy Guidelines for the
22 leasing of parking space in Parking District Lots 1, 2, 3 and 4.
23 That policy is as follows:
24 "GENERAL:
25 1. Parking spaces of District Lots 1, 2, 3 & 4
26 can only be leased to businesses located
27 within the District, providing that
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25 That policy is hereby incorporated herein as a term and
26 condition of this lease.
27 3. Allocation of Soaces.
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of all special assessment and
business license fees for such business is kept
current.
The total number of parking spaces leased
in each of the District lots shall not
exceed 50% of the over-all number of parking
spaces provided in each lot.
All future leases shall be based on the
prevailing rates as established by the
Public Buildings Division. The location
of any leased parking spaces is subject to
possible future relocation within the
same lot.
All lease requests and applications shall be
reviewed by the Central City Parking Place
Commission.
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PRIORITY:
No. I - All business establishments located
adjacent to the District lot.
No. 2 - All business establishments located
within approximately 600 feet walking
distance from the District lot.
No. 3 - All business establishments located
in the District.
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1 City agrees to assign and allocate ten (10) spaces located
2 in Parking Lot .3 for use by officers, employees, tenants and
3 invitees of the Beckwith Building. The designated spaces are
4 illustrated on Exhibit "I" attached hereto and incorporated
5 herein by reference.
6 4. Consideration.
7 Lessee shall pay to City the sum of $21.40 per month per
8 space, payable semi-annually, in advance. This sum shall be
9 adjusted annually based on changes in the Los Angeles/Long Beach
10 consumer price index, provided said adjustment shall be limited
11 to a maximum of ten percent (10%) annually. Upon acceptance of
12 this Agreement, Lessee shall deposit with City the amount of
13 $2,140 which will be held by City as a performance bond. City
14 agrees to apply the performance bond funds toward the first semi-
15 annual payment, less cost of $350 for signing.
16 5. Term.
17 The term of this agreement shall be 236 months commencing
18 upon the effective date of this Agreement as set forth in
19 Paragraph 5, and terminating June 30, 2007, unless earlier
20 terminated by either party as provided herein.
21 6. Termination
22 This lease may be terminated without cause upon thirty (30)
23 calendar days' written notice from either party, mailed to the
24 address indicated for the receipt of notices.
25 7. Effective Date of Aareement.
26 This Agreement shall become effective upon date of
27 execution hereof.
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1 8. Maintenance and Security.
2 City shall provide maintenance and general security at the
3 same times and in the same manner as with all other parking areas
4 owned by City and in the same general geographic area. City
5 shall keep the common areas striped, lighted, and clear and free
6 of rubbish and obstructions of any nature. Lessee shall have
7 responsibility for security of the specific spaces leased. City
8 shall not be responsible for removal of unlawfully parked
9 vehicles or for the security of automobiles parked in leased
10 spaces.
11 9. Terms Subiect to Lease Agreement.
12 This Agreement is subject to the terms and conditions of
13 any provisions contained in any indenture related to bonds issued
14 for the purchase or expansion of Parking District Lot #3. The
15 parties recognize that City's right to occupy the subject
16 premises, or to commit the premises to the uses specified in this
17 Agreement; may expire before this Agreement expires by its terms.
18 In such event, this Agreement shall terminate as of such date as
19 City's entitlement to use and control of the lot expires.
20 10. Hold Harmless.
21 Lessee agrees to, and shall, hold City, its elective and
22 appointive boards, commissions, officers, agents and employees
23 harmless from any liability for damage or claims for damage for
24 personal injury, including death, as well as from claims for
25 property damage which may arise from Lessee's operations under
26 this Agreement, whether such operations be by Lessee, its
27 officers, employees, tenants or invitees, or by anyone or more
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1 persons directly or indirectly employed by or acting as agent for
2 Lessee. Lessee agrees to and shall defend City and its elective
3 and appointive boards, commissions, officers, agents and
4 employees from any suits or actions at law or in equity for
5 damages caused, or alleged to have been caused, by reason of any
6 of the operations hereunder.
7 11. Liabilitv Insurance.
8 Lessee agrees to procure and maintain in force during the
9 term of this Agreement and any extension thereof, at its expense,
10 public liability insurance adequate to protect against liability
11 for damage claims through public use of or arising out of
12 accidents occurring in or around said parking spaces, in a
13 minimum amount of $1,000,000 for injuries in anyone accidents,
14 and $100,000 for property damage. Such insurance policies shall
15 provide coverage for City's contingent liability on such claims
16 or losses. City shall be named as an additional insured. A
17 certificate of insurance shall be delivered to City's Risk
18 Management Division. Lessee agrees to obtain a written
19 obligation from the insurers to notify City in writing at least
20 30 days prior to cancellation or refusal to renew any such
21 policies.
22 12. Assignment.
23 This Agreement shall constitute a revocable license and
24 does not constitute an easement or covenant running with the
25 land. Lessee shall not assign any parking spaces which are the
26 subject of this Agreement without the prior written consent of
27 the City. The parties contemplate that the parking spaces will
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be devoted to occupants of Lessee's building and customers,
business invitees and employees thereof. Any other use shall be
grounds for termination of this Lease. This Agreement
automatically terminates upon any sale or any transfer of more
than 50% ownership in the Beckwith Building.
13. Amendment.
This Agreement may be amended or modified only by written
agreement signed by both parties.
Failure on the part of either
party to enforce any provision of this Agreement shall not be
construed as a continuous waiver of the right to compel
enforcement of such provision or provisions, nor shall such
waiver be construed as a release of any surety from its
obligations under this Agreement.
14. Notices.
All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
Citv
Lessee
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
15. Validitv
If any terms, condition, provision, or covenant of this
Agreement shall to any extent be judged invalid, unenforceable,
void, or voidable for any reason whatsoever by a court of
competent jurisdiction, each and all remaining terms, conditions,
promises and covenants of this Agreement shall not be affected
and shall be valid and enforceable to the fullest extent
permitted by law.
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16. Entire Aareement
3 expressly stated.
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There are no understandings or agreements except as herein
Any modifications must be in writing.
ATTEST:
By
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12 Approved as to form
13 and legal content:
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YOHKO
KOBAYASHI-ARNETT
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